ASSEMBLY
CONSTITUTION Assembly EMPOWERNG
Adopted OF
on MANITOBA September
OUR of
NATIONS Manitoba
1994
OF
THE
CHIEFS Chiefs
Brokenhead APPENDIXA Adopted Ojibwav July 31, Nation 2019 Page 2
CONSTITUTION OF THE ASSEMBLY OF MANITOBA CHIEFS
PREAI\IBLE
The Chiefs of the General Assembly of the Assembly of Manitoba Chiefs, having been convened, and
AFFIRMING that our peoples are the original peoples of this land having been put here on Turtle Island (North America) by the Creator; and
RECOGNIZING that through the Creator laws wcrc developed to govern all our relationships for us to live in harmony with nature and mankind; and
DECLARING that the primary law of First Nation governments is the spiritual law through which the Creator defined our rights and responsibilities; and
STATING that we as autonomous peoples, have maintained our freedoms, languages, culture and traditions from time immemorial; and
ACKNOWLEDGING that the rights and responsibilities ascribed to us as peoples by the Creator cannot be altered, abrogated or diminished by any other Nation; and
NOTING that our aboriginal (First Nation) title, aboriginal (First Nation) rights and international Treaty rights exist and are recognized by International law: and
ACCEPTING that the Royal Proclamation of 1763 is binding on both the Crown in right of the United Kingdom and Canada; and
STATING that the Constitution of Canada is an instrument which protects our Aboriginal title, aboriginal rights (collective and individual), international Treaty rights and the inherent right to self- determination; and
AFFIRMING that as Nations, our governmental powers, authorities and responsibilities are inherent and have existed since time immemorial; and Page 3
NOTING that recognition of the existence of the Canadian Constitution does not dilute, impair or undermine the sovereign status of First Nations of Manitoba; and
AFFIRMING that the right to self-detennination and self-government of First Nations of Manitoba transcends the confines or circumscription of the Canadian state; and
DECLARENG that our Nations are part of the International community;
ARE DETERMINED to be guided by the mission statement:
To protect our First Nation governments from farther encroachment and to prevent any action by any Nation, group. jurisdiction or government from violating the integrity and freedoms of self determination and from violating individual and collective rights of First Nations;
To reaffirm our belief in the sovereign equality of Nations and the fundamental rights of First Nations peoples;
To seek justice [hr the obligations arising from our Enternational Treaties; and;
To promote and ensure social progress. harmony and the quality of life among our pcoples:
AND FOR THESE ENDS, To ensurc respect of our culture, our diversity, our independence and our distinctiveness;
To practice tolerance, consensus and strive for harmony;
To unite our strength to maintain our security, traditions and nationhood;
To utilize domestic and international means for the promotion of the political, economic, spiritual and social advancement of our peoples: and
To join together our First Nations in political unity and solidarity for the collective advancement of our peoples on issues of common interest. Page4
SO, WE THE CHIEFS HAVE RESOLVED TO COMBINE OUR EFFORTS TO ACCOMPLISH COMMON POLITICAL RIGHTS AND FREEDOMS.
ACCORDINGLY our respective governments, through the Chiefs of First Nations of Manitoba assembled in the City of Winnipeg on September 4, 1994 agree to affinn the establishment of the Assembly of Manitoba Chiefs and now agree to the present Constitution of the Assembly of Manitoba Chiefs. Page 5
DEFINiTIONS
ABORIGINAL First Nations in Manitoba prefer to use the tenn First Nations or terms such as the Anishinaabeg, Anishininiwak, Dakota Oyate, Denesuline, Nehethwuk / Ininwak to describe themselves as peoples. The term Aboriginal is used in the same context found in the Canadian Constitution especially section 25 and 35.
CONFLICT OF INTEREST A conflict of interest occurs when a member of the Chiefs-in- Assembly acts, votes, has information or makes a decision in the course of his or her official duties which either purposeflully or coincidentally furthers their own person interests and/or provides a personal gain, pursuant to Article 12(2).
FIRST NATION A generic tenri to describe the original peoples of this land. Only status treaty peoples have the nght to use this terminology. Some years ago, the term aboriginal meant the original peoples, and since the Constitution of Canada in 1982. the term aboriginal has been used in a wide context.
INDEPENDENT FIRST NATION A First Nation in this province that does not belong to a Tribal organization or a regional organization but is a member of the Assembly of Manitoba Chiefs.
PROXY A person who is designated elected representative from the First Nation of a Chief who is substituted or deputed to represent and act for him or her pursuant to Article 6(3).
QUORUM The number of members who must be present in a deliberative body before business may be transacted.
TRADITIONAL TEACHINGS A tenn used by Elders and traditional peoples to describe their way of life and daily conduct. This term includes the following: (a) wisdom; (b) love; (c) respect; (d) bravery (courage); (e) honesty; (0 humility; (g) truth. Page 6
IDEALS
ARTICLE 1
In every forum of the Assembly of Manitoba Chiefs, diplomatic and political relations as well as governmental comity between First Nations shall be guided by the following ideals:
(a) By virtue of our rich heritage, histoncal experience, contemporary experience and traditional values of sharing, non-interference, trust, honour. respect. hannony and traditional teachings: the First Nations possess common interests and aspirations to exercise their political will in collective approaches and strategies through consensus.
(b) By virtue of the recognition and afflrmat]on of our mutual fi-ccdomto determine our political status and self-determination, First Nations possess the knowledge and political will to respect the sovereignty of each First Nation.
(c) By virtue of the recognition and respect for our mutual sovereign equality, and sovereign autonomy, First Nations can establish collective political relations in a cooperative manner.
(d) By virtue of our mutual belief injustice and respect for ourjurisdictions, First Nations can establish collective political relations that will not prejudice a single First Nation.
PRINCIPLES
ARTICLE 2
The Assembly of Manitoba Chiefs, in Assembly. in the pursuit of the ideals stated in Article 1 and under their guidance, shall subscribe and maintain the following principles:
I. We state and accept that each First Nation has the inherent right to self- determination and to self-government by virtue of its nationhood and its autonomy and sovereignty is not impaired by decisions of other First Nations.
2. We accept that First Nations in Manitoba, as independent Nations, signed international covenants known as Trcaties and accordingly these Treaty rights must he upheld and maintained. First Nations lecognize that collective power and action is necessary for the preservation and integrity of these Treaty rights.
3. We recognize and accept that First Nations have an inherent and fundamental relationship with the land and natural environment. First Nations assert that this relationship and the rights thereto include rights to lands, resources and jurisdictions over our traditional territories. Page 7
4. We accept that the right of First Nations to self-determination and self- government is inherent and not derivative. The plenary power and authority of the First Nations in Manitoba can give cause to exist, a delegated form of authority known as the Assembly of Manitoba Chiefs. Any or all action by the Assembly of Manitoba Chiefs that exceed the purpose. authority, responsibility and jurisdiction will be of no force or effect.
5. We acknowledge and accept that the Assembly of Manitoba Chiefs, an organization formed to act on behalf of the First Nations of Manitoba derives its power, mandate and responsibility from the sovereignty of those First Nations. The institutions entrusted to exercise this delegation, function with the fullest respect for the sovereignty of each First Nation and the ascribed duty and perfonnance will comply with such delegation.
6. We acknowledge and accept that the Assembly of Manitoba Chiefs serves to advance the rights and aspirations of First Nations in Manitoba and to protect the best interests of First Nation peoples of Manitoba and future generations.
7. We accept that where it is necessary to identifr priorize and initiate collective action on certain issues that such decisions shall occur at regularly convened Assemblies.
8. We accept that duties, responsibilities and contributions involved in our collective efforts shall be shared on an equitable basis between First Nations and their various intutions.
9. We state that our collective efforts undertaken by First Nations in Manitoba shall respect and enhance the political and legal equality of our peoples, the fundamental human rights of individuals, the equality of men and women and deference to First Nation Elders. These efforts are in concert with our respect for and the promotion of our collective and individual rights.
10. We state that any collective action by the Assembly of Manitoba Chiefs shall never derogate or deny our inherent aboriginal and Treaty rights.
11. The Assembly of Manitoba Chiefs shall not affiliate itself with any other Provincial or Territorial or National or International First Nation organization without the support of the member First Nations of the Assembly of Manitoba Chiefs. Page 8
MANDATE
ARTICLE 3
The Mandate of the AMC is, through the Chiefs-in-Assembly, to devise collective and common political strategies and mechanisms for coordinated action by First Nations and their organizations to:
1. Promote, preserve, and protect Aboriginal and Treaty rights for First Nations people in Manitoba;
2. Preserve and enhance the rights and freedoms of First Nations in Manitoba as distinct peoples;
3. Strengthen and restore the foundations of First Nations cultures, traditions, languages, economies, and societies;
4. Affirm First Nations rights as peoples to exercise and practise self-detennination and self-government; and
5. Protect the integrity and authority of each First Nation’s customs, laws, and practises;
6. Preserve and enhance the role and equal participation of First Nation women within the political, economic and social spheres of First Nation governments and organizations.
For the greater certainty, the AMC will function as a political coordinating entity only on the common issues and strategies mandated by the Chiefs-in-Assembly and not as a program and service delivery entity.
The AMC will support specific First Nations issues as mandated by the Chiefs-in-Assembly. Page 9
NIEMBERS HIP
ARTICLE 4
1. All First Nations in Manitoba have the right to seek membership in the Assembly of Manitoba Chiefs. The Assembly Secretariat shall maintain a schedule of First Nation members.
2. The Chiefs-in-Assembly may recognize the foniation ofa new First Nation and the right of that Nation to seek membership in the Assembly of Manitoba Chiefs.
The Chiefs-in-Assembly may confer special membership or participation rights upon First Nation organizations.
4. Membership entails a commitment among member First Nations in Manitoba to strive for political unity and to support the Assembly of Manitoba Chiefs and its instruments.
INSTRUMENTS
ARTICLE 5
1. The principal instruments of the Assembly of Manitoba Chiefs are designated as:
The Chiefs in Assembly The Executive Council of Chiefs The Assembly of Manitoba Chiefs Secretariat Inc. (the “Assembly Secretariat”) The Chiefs Committees of the Assembly of Manitoba Chiefs
2. Subsidiary committees or instruments that are necessary or required. may be established by the Manitoba Chiefs-in-Assembly.
The Council of Elders Grandmothers Council Women’s Council Page 10
THE CHIEFS-IN-ASSEMBLY
ARTICLE 6
The Chiefs-in-Assembly shall consist of all the Chiefs of those First Nations in Manitoba who choose to exercise their right to be members of the Assembly of Manitoba Chiefs.
Each First Nation in Manitoba which is a member of the AMC shall have one elected representative from that First Nation in the Chiefs-in-Assembly.
In the absence of a Chief of a First Nation in Manitoba, a Proxy, who is a designated elected representative from that First Nation and who is accredited officially in writing by the Chief of that First Nation for that purpose, may participate in the Chiefs-in-Assembly forum. This written accreditation shall be provided in advance of the Chiefs-in-Assembly meeting to the AMC Secretariat.
4. In the absence of a Chief who may not have an elected Council, designated representatives or proxies who are accredited officially in writing by that mcmbcr First Nation for that purpose, may participate hilly in the Chiefs-in-Assembly forum. This written accreditation shall be provided in advance of the Chiefs-in-Assembly meeting to the AMC Secretariat.
5. A Proxy whom is appointed by a Chief of a First Nation but does not meet the requirements set out in Article 6(3) above will be precluded from acting as a Proxy for a Chief of a First Nation.
6, A Chief of a First Nation shall ensure that any Proxy appointed has reviewed the AMC Constitution. in particular Appendix A Chief-in-Assembly Rules of Procedure prior to attendance of the Chief-in-Assembly.
7. A Proxy whom is appointed by a Chief of a First Nation must adhere and follow all Chief-in-Assembly Rules of Procedure, failing which the Grand Chief in consensus with the Chair of the Assembly has the authority to revoke the Proxy. Page 11
FUNCTIONS AND POWERS
ARTICLE 7
1. The Chiefs-in-Assembly isa political forum for First Nations in Manitoba to conduct nation-to-nation discussions and to address common issues and concerns for the purpose of developing and accepting common strategies and initiatives.
2. The Chiefs-in-Assembly as a political forum and source of all authority for collective action shall function as a coordinating and cooperative body for common strategies and initiatives.
3. The Chiefs-in-Assembly shall clcct the Grand Chief of the Assembly of Manitoba Chiefs.
4. The Chiefs-in-Assembly shall elect the Regional Chiefs of the Assembly of First Nations. The Chiefs-in-Assembly shall recognize the right of Chiefs of First Nations which are not members of the Assembly to vote for the Regional Chief of the Assembly of First Nations.
5. The Chiefs-in-Assembly shall ensure that the composition of all its delegated committees reflect the principles oE respect for diversity, equal regional representation; and shared decision making responsibility.
6. The Chiefs-in-Assembly may, by resolution mandate the establishment of working groups or Chiefs Committees on any particular subject matter to facilitate the implementation of the decisions or resolutions made by Chiefs-in-Assembly.
7. The Chiefs-in-Assembly may instruct the Executive Council to proceed with an implementation process regarding any subject matter.
8. The Chiefs-in-Assembly as outlined in Article 14 may remove the Grand Chief of the Assembly of Manitoba Chiefs.
9. The Chiefs-in-Assembly may remove the Regional Chief of the Assembly of First Nations as outlined in Article 15. Page 12
DECESION MAKING
ARTICLE 8
1. Decisions of the Assembly of Manitoba Chiefs-in-Assembly shall be made by consensus if possible. Unless otherwise specified herein, if a vote is required. a decision is made when it reflects a simple majority of a quorum of Chiefs. A quorum is established when attendance reflects 5O%pius one, of Chiefs of the member First Nations when the assembly is called to order by the Chair.
In the event of voting. each Chief or duly recognized delegate shall have one vote.
ASSE NIBLI ES ARTICLE 9
The Chiefs-in-Assembly shall meet:
1. Once a year within 180 days of the fiscal year end to deal with year-end business. The Assembly Secretariat will cover the basic operational costs of hosting the Assembly (i.e. venue, food and refreshments, contractors, guest speakers, ceremonies) as well as Chiefs’ travel and accommodations.
2. In General Assemblies on or about the month of September, December and March depending upon the availability of Rinds for the Assembly Secretariat to cover the basic operational costs of hosting the Assembly. Chiefs will be responsible for their own travel and accommodation unLess the Office of the Grand Chief secures additional finding to cover these unbudgeted expenses.
3. In Special Assemblies to be convened by the Grand Chief of the Assembly of Manitoba Chiefs at the request of the Executive Council to deal with issues of an emergency nature which otherwise cannot be dealt with expeditiously at the General Assemblies, depending upon the availability of Rinds for the Assembly Secretariat to cover the basic operational costs of hosting the Assembly. Chiefs will be responsible for their own travel and accommodation unless the Office of the Grand Chief secures additional finding to cover these unbudgeted expenses.
PROCEDURE
ARTICLE 10
The Assembly of Manitoba Chiefs-in-Assembly shall adopt its own Rules of Procedure, see Appendix A. Page 13
EXECUTIVE COUNCIL OF CHIEFS
Role, Composition and Authority
ARTICLE 11
1. The Executive Council of the Assembly of Manitoba Chiefs shall flinction as a source of authority between Assemblies and shall be composed of the Grand Chief 5 Chiefs selected by northern First Nations and 5 Chiefs selected by southern First Nations. The First Nations of the tribal regions and the independent First Nations will identify their respective representatives and alternate representatives on the Executive Council. Quorum for the Executive Council shall consist ofsix members.
2. The Executive Council may make representations on behalf of the First Nations of Manitoba consistent with properly delegated mandates.
3. The Executive Council shall set priorities on common issues and shall have plenary authority over all Chiefs Committees as a measure of greater cooperation, efficiency and effectiveness.
4. On matters of concern to an individual First Nation that will not prejudice other First Nations, the Executive Council may consider a request from any First Nation and decide on the best course of action or support.
5. The Executive Council will ensure written reports are provided at assemblies indicating progress on mandates and resolutions.
6. The Executive Council shalLinclude the Grand Chief who will chair all Executive Council meetings and shall be responsible for ensuring the Assembly Secretariat implements the decisions of the Executive Council in accordance with the Articles of Incorporation and By Laws of the Assembly Secretariat. Decisions of the Executive Council shall be made by consensus if possible.
7. The Executive Council derives its mandate exclusively from this Constitution and from resolutions passed by Chiefs-in-Assembly. In exceptional circumstances [he Executive Council may exercise its plenary powers.
8. The Executive Council shall appoint from among its membership. an Acting Grand Chief who shall assume the responsibility of the Grand Chief in his/her absence.
9. The Executive Council shall meet a minimum of two times a year to provide direction on the decisions made by the Chiefs-in-Assembly and to make decisions on Page 14
all issues that arise between Assemblies. The Assembly Secretariat shall cover the costs of these meetings, and attendance may be by way of teleconference.
10. The Executive Council may convene special assemblies.
II. The Executive Council can call special meetings by way of teleconference to deal with emergency matters.
ACCOUNTABILITY
ARTICLE 12
I. The Executive Council shall be accountable to the Assembly of Manitoba Chiefs-in AssembLy.
2. The Assembly of Manitoba Chiefs Chiefs-in-Assembly shall adopt its own rules on Conflict of Interest. see at Appendix B.
The Asscmbly of Manitoba Chiefs Chiefs-in-Assembly shall adopt its own rules on Accountability of Boards and Entities to the AMC Chiefs-in-Assembly, see at Appendix C.
GRAND CHIEF Role, Authority and Accountability
ARTICLE 13
I. The Grand Chief derives his/her authority and mandate from this Constitution and resolutions passed by the Assembly of Manitoba Chiefs-in-Assembly and the Executive Council of Chiefs.
2. The Grand Chief is a member of the Executive Council of Chiefs through his/her position as chairperson and functions as a member of a collective leadership.
3. The Grand Chief has a political role and is the principal spokesperson on common issues and accordingly may take a leadership role in advocating the rights and interests of First Nations in Manitoba.
4. The Grand Chief is accountable both to the Assembly of Manitoba Chiefs-in- Assembly and to the Executive Council of Chiefs.
5. The Grand Chief shall be responsible for regular political and financial reports both Page 15
to the Executive Council of Chiefs and to the Assembly of Manitoba Chiefs- in- Assembly.
6. The Grand Chief shall maintain and direct the Assembly Secretariat in accordance with the Articles of heorporation and By Laws of the Assembly Secretariat and with directions set by the Executive Council of Chiefs and the Assembly of Manitoba Cliiefs-in-Assembly.
7. The Grand Chief with his Executive privilege may participate as an active member of the Chiefs Committees of the Assembly of Manitoba Chiefs and has the mandate to assist in the coordination of the plaiming and operations of the various units of the Assembly of Manitoba Chiefs.
8. In the event of a vacancy of the office of Grand Chief or a leave of absence, the Executive Council of Chiefs shall in accordance with Article Ii appoint an Acting Grand Chief from among its membership.
9. The office of Grand Chief is a full time term position with the honoraria being determined by the Executive Council of Chiefs.
ELECTION AND TERM
ARTICLE 14
The Grand Chief must be a member of a First Nation in Manitoba.
2. The Grand Chief is elected by the Assembly of Manitoba Chiefs-in-Assembly for a three year term of office.
3. The Grand Chief shall be elected bythe Assemblyof Manitoba Chiefs-in- Assembly by a simple majority of registered Chiefs or delegates.
4. After the expiration of the three year term, the Grand Chief is eligible for re- election.
5. The Grand Chief may he removed from office during a term by a majority vote of the registered Chiefs or delegates at a Special Assembly convened by the Executive Council of Chiefs for that purpose. Prior to such a vote, the Grand Chief will be allowed a reasonable opportunity to address the Chiefs-in-Assembly on the matter before them.
6. The Grand Chief may be reprimanded by the Chiefs-in-Assembly for conduct that may include but is not limited to: not following traditional teachings; the lack of Page 16
integrity or professional conduct; and / or not following the principles of the AMC Constitution. Reprimand may include, but is not limited to a verbal or written censure, or leave with or without pay.
7. In the event that the office of Grand Chief becomes vacant, whether through removal from office, resignation, death or incapacity, the Executive Council of Chiefs shall appoint a Deputy Grand Chief to serve as the Acting Grand Chief until such time that allows for an election to the office of Grand Chief
ASSEMBLY OF MANITOBA CHIEFS REGIONAL CHIEF Election, Term, Role & Responsibilities
ARTICLE 15
The Regional Chief must be a member of a First Nation in Manitoba.
2. The Regional Chief is a spokesperson and liaison elected by the Assembly of Manitoba Chiefs-in-Assembly for a three year term of office.
3. The Regional Chief shall be elected by the Assembly of Manitoba Chiefs-in- Assembly by a simple majority of registered Chiefs or delegates who are members of the Assembly of Manitoba Chiefs.
4. After the expiration of the three year term, the Regional Chiefs is eligible for re election but may be removed from office by a majority of the registered Chiefs or delegates at a Special Assembly convened by the Executive Council of Chiefs for that purpose. In any removal process. the Regional Chief will be afforded an opportunity to present his/her side of the matter.
The Regional Chief may be reprimanded by the Grand Chief, Executive Council of Chiefs, or the Chiefs-in-Assembly for conduct that may include but is not limited to: not following traditional teachings; the lack of integrity or professional conduct: and I or not following the principles of the AMC Constitution. Reprimand may include, but is not limited to a verbal or written censure, or leave with or without pay.
6. In the event that the office of Regional Chief becomes vacant, whether through removal from office, resignation. death or incapacity, the Executive Council of Chiefs shall appoint a First Nation member to serve as Acting Regional Chief until such time that allows for an election to the office of Regional Chief Page 17
7. As the Regional Chief must follow the AMC Constitution. and is accountable to the AMC Chiefs-in-Assembly and the AMC Executive Council Chiefs, and the AMC Grand Chief the Regiona’ Chief cannot act alone when representing the Manitoba Region at the Assembly of First Nations without appropriate direction from the AMC Chiefs-in-Assembly. For greater certainly, this includes:
a) voting on any decisions or actions that affect the Manitoba Region at any or all AFN-Executive Committee meetings;
b) deciding on fiscal resources for the Assembly of First Nations received on behalf of the Manitoba Region;
c) any Manitoba regional appointments to any AFN committees or activities; and,
d) reporting which shall include the preparation and presentation of a written report including a financial report after each AFN Executive Committee meeting detailing all resolutions passed; discussions and agenda items considered. The Regional Chief will provide this report to the AMC Executive Council for consideration and to the AMC Secretariat for distribution to all Chiefs-in-Assembly. The Regional Chief shall frirther make a presentation and take questions, comments, and input from the Chiefs-in-Assembly at each General Assembly.
8. \\‘here there are major or material resolutions tabled at the AFN Executive Committee in advance of the AFN Executive meetings: the Regional Chief shall request a special meeting with the Grand Chiefi and if possible the Executive Council to seek input and guidance.
9. Prior to moving or seconding any major or material resolutions to the AFN Executive Committee, the Regional Chief shall request a special meeting with the Grand Chief; and if possible the Executive Council of Chiefs to seek input, guidance, and confirm the resolution accords with the current AMC policies and positions.
10. The Regional Chief will make all efforts to be kept informed and abreast of the issues and positions of the AMC Chiefs-in-Assembly, the Executive Council of Chiefs, the AMC Grand Chiefs Office, and the First Nations in Manitoba.
11. At all times the Regional Chief will act and represent his or herself in accordance with the position of the AMC. The Regional Chief shall specifically refrain from speaking publicly in a manner that is contrary to an existing position by the AMC Chiefs-in-Assembly, the Executive Council of Chiefs. or the Grand Chief. Page 18
12. At the request of the AMC Executive Council of Chiefs, or by resolution passed at the Chiefs-in-AssernNy, the Regional Chief shall take all action or position to the AFN Executive Committee for consideration, pursuant and limited to the AFN Executive Committee’s function and powers.
13. Direction and functional guidance will be provided by the Executive Council of Chiefs and the AMC Grand Chief
14. The Regional Chicf shall attend Executive Council meetings in an ex-officio manner.
15. The Regional Chief upon request. shall be available for other Chiefs’ Committee meetings.
16. The Regional Chief shall ensure the interests of First Nations in Manitoba are represented at the national level.
17. The office of the Regional Chief will be housed at the AMC Secretariat Office.
18. The Regional Chief shall reside in Manitoba.
ASSEMBLY SECRETARIAT Role and Authority ARTICLE 16
The Assembly Secretariat was incorporated on May 17, 1988 as a non- share capital corporation under the Corporations Act (Manitoba) and a “non-profit organization” under the Income Tax Act (CaiiadaJ to support the activities and initiatives of the Assembly of Manitoba Chiefs.
2 The Assembly Secretariat is dedicated exclusively to the social, cultural, educational and economic development of First Nations people who for the most part live on reserves in Manitoba and is centrally managed and controlled from one or more reserves in Manitoba.
3 For greater certainty, the incorporation of the AMC Secretariat does not derogate from the inherent rights of the First Nations of Manitoba, including treaty and aboriginal rights; nor does the said incorporation in any way subject the Assembly of Manitoba Chiefs or this Constitution to Canadian corporate law. The AMC Personnel and Finance Committee carries out the responsibilities of the AMC Secretariat Board of Directors.
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0. To work in a coordinated, cooperative and complementary manner with First Nation tribal, political, and other organizations to ensure optimum use of resources.
II. To implement Manitoba First Nations self-determination, control and jurisdiction in research and reliable, accurate statistics, based on First Nations principles of ownership, control, access and posscssion (OCAP) of First Nations data and information; free prior and informed consent; and First Nations ethical standards
12. The Assembly Secretariat, its Board of Directors and staff shall disclose any conflict of interest to the Executive Council and such a conflict will automatically disqualify the member from any decision making, or information regarding the subject matter of the conflict, except and unless the Executive Council waives the conflict in writing.
CHIEFS COMMITTEES Role, Function and Accountability
ARTICLE 18
I. The Chiefs Committees of the Assembly of Manitoba Chiefs shall consist of Chiefs selected on a basis of interest, expertise and equitable regional representation. The process for sclcction will include a notice to Chiefs with a request for an exprcssion of interest for membership on a committee, with a recommendation from the Grand Chief on the Chiefs that should be appointed by the Executive Council to a committee.
2. The Executive Council of Chiefs may appoint Chiefs to various committees as regular members.
3. Councillors may be designated to sit as Committee members in the place of Chiefs at the discretion of their respective tribal organization or First Nation.
4. Committee meetings shall be open to Manitoba First Nation Chiefs who are members of the Assembly ofManitoba Chiefs and who may wish to participate in an ex-officio capacity.
5. The Grand Chief of the Assembly of Manitoba Chiefs may participate on Chiefs Committees
6. Regular members of Chiefs Committees are responsible for: attending Committee meetings (three consecutive absences will be construed as resignation from regular membership) bringing forward the particular issues, concerns and positions of the First Nations they represent on the Committee; reporting to and consulting with the
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21
the
for
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COUNCIL OF ELDERS Composition, Role and Function
ARTICLE 19
I. The Council of Elders shall consist of Elders representative of the First Nations in Manitoba. The term of any Elder on the Council will be for five years, and the size and membership of the Council of Elders will be detennined by the Executive Council of Chiefs with the advice of First Nations and tribal organizations.
2. The Executive Council will select a representative from the Council of Elders who will assist in Assemblies, Executive meetings and Special Assemblies. 3. The Council of Elders will provide advice and thnctional guidance to the Chiefs- in- Assembly.
4, The Council of Elders may make recommendations to the Executive Council and to the Assembly of Chiefs-in-Assembly.
GRANDMOTHERS COUNCIL Composition, Role and Function ARTICLE 20
I, The Grandmothers Council shall consist of Grandmothers representative of the First Nations in Manitoba.
The term of any Elder on the Council will be for five years, and size and membership of the Grandmothers Council will be detennined by the Executive Council of Chiefs. and based on the advice of the Grandmothers.
3. The Grandmothers Council will select a representative who will assist in Assemblies, Executive meetings and Special Assemblies.
4. The Grandmothers Council will be called upon to provide advice and functional guidance to the Chiefs-in-Assembly.
5. The Grandmothers Council may make recommendations to the Executive Council and to the Assembly of Chiefs-in-Assembly. Page 23
FIRST NATIONS WOMEN’S COUNCIL Composition, Role and Function ARTICLE 21
1. The Women’s Council shall consist of elected female First Nations in Manitoba.
2. The size and membership of the Women’s Council will be determined by the Executive Council of Chiefs.
3. The Women’s Council will select a representative who will assist in Assemblies, Executive meetings and Special Assemblies.
4. The Women’s Council will be called upon to provide advice and flrnctional guidance to the Chiefs-in-Assembly.
5, The Women’s Council may maIe recommendations to the Executive Council and to the Assembly of Chiefs-in-Assembly.
AMENDMENTS ARTICLE 22
1. The Constitution may be amended by two thirds (2A)of the Chiefs, of the member First Nations of the Assembly of Manitoba Chiefs present at an Annual Assembly or any General Assembly’and a positive vote of two thn’ds (3) of those present.
Notice of amendments must be in writing and given to Chiefs of the member First Nations of the Assembly of Manitoba Chiefs at least thirty (30) calendar days prior to an Annual Assembly or any General Assembly. Such notice must include specific infonnation on the proposed amendments.
3. Amendments shall take effect immediately after being adopted pursuant to Article 22, item 1.
ADOPTION OF THE CONSTITUTION
ARTICLE 23
This constitution is adopted by the Assembly of Manitoba Chiefs-in-Assembly’on the 14” day of September 1994 at Winnipeg. Manitoba. Page 24
PREAMBLE, APPENDEX AND SCHEDULES
ARTICLE 24
The Preamble, Appendix or Schedules form an integral part of this constitution. Page 25
ASSEMBLY OF MANITOBA CHIEFS ciis Chiefs in Assembly (Executive Council of Chiefs in between Assemblies) Page 26
APPENDIX A
CHIEFS-TN-ASSEMBLY RULES AND PROCEDURES
Official Delegates
1.1 The delegate must be a Chief of a First Nation in Manitoba who upon registration shall be automatically recognized as the official delegate.
1.2 In the absence of a Chief of a First Nation in Manitoba, a Proxy, who is a designated elected representative from that First Nation and who is accredited officially in writing by the Chief of that First Nation for that purpose, may participate in the Chiefs-in-Assembly forum. This written accreditation shall be provided in advance of the Chiefs-in-Assembly meeting to the AMC Secretariat; and accords with the requirements set out in Article 6.
1.3 Each member First Nation in Manitoba shall have only one official delegate at all times.
1.4 In the absence of a Chief who may not have an elected Council, designated representatives or proxies who are accredited officially in writing by that member First Nation for that purpose, may participate fully in the Chiefs-in- Assembly forum. This written accreditation shall he provided in advance of the Chiefs-in-Assembly meeting to the office of the Grand Chief and accords with the requirements set out in Article 6.
2. Registration
2.1 All delegates must be registered daily for the Chiefs-in-Assembly. The registration desk will be open each morning at 8:00 am.
3. Quorum
3.1 To commence the Assembly, a quorum of delegates representing the majority of member First Nations must be registered on the first day of the Assembly.
3.2 A quorum for the Assembly is established when 50% plus one of all the Chiefs/Delegates of the member First Nations are present. when the Assembly is called to order by the Chair.
3.3. Once a quorum is established at the commencement of an Assembly on the first day pursuant to Section 3.1, the Chiefs-in-Assembly may conduct business and pass resolutions notwithstanding a quorum does not exist throughout the remainder of the Assembly.
4.
4.4
4.3
4.1
4.2
Resolutions
3.10
3.11
3.9
3.8
3.7
3.6
3.5
3.4
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entitled
time
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resolution
appears
registered
the
Page
of
advisor,
and
a
will
official blanket
tabled
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27
may
and
the
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for
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by
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present,
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and
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Executive
collective
less
mover
Page
must
conflict
through
Chiefs-
will
by
shall
than
28
the
be
be
or a Page 29
APPENDIX B
CONFLICT OF INTEREST
I. A Chief may necessarily hold more than one elected or appointed positions, including with an AMC-mandated entity or an AMC committee. He or she will endeavour to ensure that those roles will not be in conflict with the interests of the AMC or Manitoba First Nations.
2. Once elected as Grand Chief, an individual is not required to declare a conflict of interest with his or her previous role and responsibilities or disclose commercially sensitive information, unless one may exist on a decision he or she is involved in the capacity as Grand Chief. If applicable, a successful candidate for AMC Grand Chief must resign for all outside boards and committees.
3. Once elected as the Manitoba Regional Chief, an individual is not required to declare a conflict of intercst with his or her previous role and responsibilities or disclose commercially sensitive information, unless one may exist on a decision he or she is involved in the capacity as Regional Chief If applicable. a successful candidate for AFN Regional Chief must resign for all outside boards and committees.
4. The Manitoba Regional Chief must declare to the AMC Executive Council all the Assembly of First Nations committees he or she has been appointed to, and disclose what regional ftinding has been provided for all Manitoba Assembly of First Nations initiatives or activities. Page 30
APPENDIX C
ACCOUNTABILITY OF AMC-MANDATED BOARDS AND ENTITIES
1. The AMC Chiefs-in-Assembly can by resolution mandate an entity that will benefit Manitoba First Nations.
2. Every AMC-mandated entity must provide an annual report and financial audit to each AMC member First Nation and report annually to the AMC Chiefs-in-Assembly.
3. As a requirement for being mandated by the AMC, each entity will:
a. be open and transparent and share its Board of Directors meeting minutes with the AMC Grand Chiefs Office; and b. demonstrate it is meeting its mandated purposed by working with the AMC Secretariat on a periodic review and evaluation; and c. in the event a board of directors or membership of an AMC-mandated board or entity considers removing an AMC appointed Chief from is board, it must first inform and provide reasons to the Executive Council, and the Executive Council will decide how to proceed.
4. The removal or amendment of an entity’s mandate provided by the Chiefs-in-Assembly can only be done by the Chiefs-in-Assembly by first providing that Board with adequate notice and reasons. Page 31
CONSTITUTIONAL AMENDMENTS
SPECIAL CHIEFS ASSEMBLY ON RESTRUCTURING May 20, 21 & 22, 1997, Winnipeg, Manitoba
Certified Resolution May-97.012 Re: Constitutional Amendments to Reflect Gender Equality
Amendments are reflected in sections: • Article 18 • Rules and Procedures
2. 10TH ANNUAL GENERAL ASSEMBLY September 15, 16. 17, 1998, Dakota Tipi First Nation
Certified Resolution Sept-98.17 Re: Reforming the Composition of the AMC Chiefs Committees
Amendments are reflected in sections: • Article 18
Certified Resolution Sept-98.l8 Re: Changing the Composition and the size of the AMC Executive Council
Amendments are reflected in sections: • Article 11
3. 11” ANNUAL GENERAL ASSEMBLY November 2, 3 & 4, 1999, Sioux Valley Dakota Nation
Certified Resolution Nov.99-05 Re: Amendment of Article 9-Assemblies
Amendments are reflected in sections: • Article 9
Certified Resolution Nov.99-06 Re: Amendment of Article 11 - Executive Council / Chiefs
Amendments are reflected in sections: Article 11 Page 32
Constitutional Amendments (cont’d)
Certified Motion Re: Appendix B - Chiefs in Assembly Rules and Procedures
Amendments are reflected in sections: • Appendix B - Section 3.2 • Appendix B - Section 3.3
4. GENERAL ASSEMBLY ON THE FRAMEWORK AGREEMENT INITIATIVE November 27. 28 & 29. 2001. Opaskwayak Cree Nation
Certified Resolution Nov-01.01 Re: Amendment of Assembly of Manitoba Chiefs Constitution - Section 3-Appendix B- Quorum.
Amendments are reflected in scctions: • Appendix B - Section 3.1 • Appendix B - Section 3.3
Certified Resolution Nov-01.02 Re: Amendment of Assembly of Manitoba Chiefs Constitution
• Appcndix B - Section 1 - I . 1
• Appendix B - Section 1 - 1.2
• Appendix B - Section I - 1.4
S. ASSEMBLY OF MANITOBA CHIEFS GENERAL ASSEMBLY January 23, 24, 25, 2007, Long Plain First Nation
Certified Resolution Jan-07-01 Re: Constitutional Amendment Article 17 to Provide Specific Mandate for Research
Amendment is reflected in: • Article 17
Certified Resolution Jan-07-02
Re: Delete Section 3.3, Appendix B — Quorum (adopt new provision)
Amendment is reflected in: • Appendix B Constitutional Amendments (cont’d)
6. SPECIAL CHIEFS ASSEMBLY ON TRCNI AND FIRST NATIONS HEALTH March23 & 24, 2010. Brokenhead Ojibway Nation Certified Resolution Mar-10.02
Re: To Amend the Constitution of the Assembly of Manitoba Chiefs and the Articles of Incorporation of the Assembly of Manitoba Chiefs Secretariat Inc.
Amendments reflected in: • Article 5(1)(point 3) • Article 11(6) • Article 13(6) • Article 16(1) • Article 17(1)and(2)
7• 25” ANNUAL GENERAL ASSEMBLY July 9. 10, 11, 2013. Opaskwavak Cree Nation Certified Resolution JUL-I 303
Re: Amendment of the Assembly of Manitoba Chiefs Constitution
Amendments reflected in: • Articlc9(l)(2)and(3) • Article 11 (9)and(1l) • Article 18(11)
8. 28th ANNUAL GENERAL ASSEMBLY September 20. 21, 22, 2016, Swan Lake First Nation Certified Resolution SEPT-16.02
Re: AMC Constitutional Amendment: Quorum Requirements for Assemblies
Amendment reflected in: • Appendix B — Chiefs-in-Assembly Rules and Procedures (3.3) Certified
Resolution SEPT- 16.03
Re-. AMC Constitutional Amendment: Definition of Proxy
Amendment reflected in: • Article 6 (3) • Appendix., Glossary of Temm Constitutional Amendments (cont’d)
9. 29TH ANNUAL GENERAL ASSEMBLY July 18, 19, 20. 2017. Nisichawayasihk Cree Nation Certified Resolution JULY-17.05
Re: Assembly of Manitoba Chiefs (AMC) Constitutional Amendment: Inclusion of the AMC Grandmothers Council
Amendment reflected in: • Article 5.2 • Article 20 Certified Resolution JULY-17.06
Re: Assembly of Manitoba Chiefs (AMC) Constitutional Amendment: Change of the First Nations Women’s Committee to Women’s Council
Amendment reflected in: • Article 21
10. 3l ANNUAL GENERAL ASSEMBLY July 31. August 1,2019. Brokenhead Ojibway Nation
Jul-19.04 Amendments to the Assembly of Manitoba Chiefs Constitution
Amendments made to: ECC representation Role of AMC Grand Chic Role of AMC Regional Chief
Proxies - Conflict of Interest
Jul-l9.05 Role and Responsibilities of the Assembly of Manitoba Chief Grand Chief
Amendments made to Articles 13 and Article 14
Jul- 19.06 Role and Responsibilities of the Assembly of Manitoba Chief Regional Chief
Amendments made to Articles 1, 11, 13 and 14
Jul-19.07 Amendments to the Election Rules for the Regional Chief of the Assembly of Manitoba Chiefs
Jul1908 The Assembly of Manitoba Chiefs Policies and Procedures for Elected and Appointed Officials